Benefits of Mediation

October 05, 2017
People in disputes who are considering using mediation as a way to resolve their differences often want to know what the process offers. While mediation can not guarantee specific results, there are trends that are characteristic of mediation. Below is a list of some of the benefits of mediation, broadly considered. Mediation generally produces or promotes: 

Economical Decisions 
Mediation is generally less expensive when contrasted to the expense of litigation or other forms of fighting. 

Rapid Settlements 
In an era when it may take as long as a year to get a court date, and multiple years if a case is appealed, the mediation alternative often provides a more timely way of resolving disputes. When parties want to get on with business or their lives, mediation may be desirable as a means of producing rapid results. 

Mutually Satisfactory Outcomes 
Parties are generally more satisfied with solutions that have been mutually agreed upon, as opposed to solutions that are imposed by a third party decision-maker. 

High Rate of Compliance 
Parties who have reached their own agreement in mediation are also generally more likely to follow through and comply with its terms than those whose resolution has been imposed by a third party decision-maker. 

Comprehensive and Customized Agreements 
Mediated settlements are able to address both legal and extra-legal issues. Mediated agreements often cover procedural and psychological issues that are not necessarily susceptible to legal determination. The parties can tailor their settlement to their particular situation. 

Greater Degree of Control and Predictability of Outcome 
Parties who negotiate their own settlements have more control over the outcome of their dispute. Gains and losses are more predictable in a mediated settlement than they would be if a case is arbitrated or adjudicated. 

Personal Empowerment 
People who negotiate their own settlements often feel more powerful than those who use surrogate advocates, such as lawyers, to represent them. Mediation negotiations can provide a forum for learning about and exercising personal power or influence. 

Preservation of an Ongoing Relationship or Termination of a Relationship in a More Amicable Way 
Many disputes occur in the context of relationships that will continue over future years. A mediated settlement that addresses all parties' interests can often preserve a working relationship in ways that would not be possible in a win/lose decision-making procedure. Morristown, TN. Mediation can also make the termination of a relationship more amicable. 

Workable and Implementable Decisions 
Parties who mediate their differences are able to attend to the fine details of implementation. Negotiated or mediated agreements can include specially tailored procedures for how the decisions will be carried out. This fact often enhances the likelihood that parties will actually comply with the terms of the settlement. 

Agreements that are Better than Simple Compromises or Win/Lose Outcomes 
Interest-based mediated negotiations can result in settlements that are more satisfactory to all parties than simple compromise decisions. 

Decisions that Hold Up Over Time 
Mediated settlements tend to hold up over time, and if a later dispute results, the parties are more likely to utilize a cooperative forum of problem-solving to resolve their differences than to pursue an adversarial approach.
 
Tim Woodard
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PARENTS GUIDE TO MEDIATION

October 04, 2017

PARENTS GUIDE TO MEDIATION

 

When parents come before the court with a complaint for divorce, the court mandates the submission of a "parenting plan". Mediation is often used to develop such a plan. Mediation is a process in which parents who are in conflict come together with a neutral third person who assists them in reaching a mutually agreeable settlement. The mediator helps parents clarify the issues, consider the options, and reach a workable agreement that fits the needs of their children.

Mediation:

  • encourages direct communication between the parents.
  • helps parents decide for themselves what is in the best interest of their child/ren.
  • explores creative ways to solve problems.
  • promotes cooperation.
  • provides an informal setting which saves time and lowers the cost of a divorce.
  • preserves the strengths of an ongoing relationship as parents.
  • is confidential.

The Mediator:

  • will remain impartial throughout the process.
  • will not give legal advice.
  • is not a judge.
  • will not decide the dispute.
  • will provide each party with a full opportunity to effectively express his or her interests.

Mediation is used by the morristown, tn court to assist parents in developing a parenting plan that describes how they will work together to continue parenting their children. During mediation parents have complete decision-making power for their parenting plan. Attorneys for each parent may attend the mediation, unless requested not to by the parent. Additionally, the attorney will review any and all agreements before allowing their clients to sign mediated agreements.

The court expects each parent and attorney to act in good faith and to fully and honestly disclose all relevant information as requested by the mediator. One or both parties can request mediation of the court at any time during the divorce process.

Tim Woodard, JD


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BENEFITS OF MEDIATION

October 04, 2017
WHAT ARE THE BENEFITS OF MEDIATION?
 
  • People keep control over the resolution of their own problem.
  • Disputes can be settled promptly. A mediation session can be scheduled as soon as everyone agrees to use mediation to resolve the dispute, even before a lawsuit may be filed.
  • Mediation costs are significantly less than taking a case to trial.
  • Mediation promotes better relationships through cooperative problem-solving and improved communication.
  • Mediation is private and confidential. The mediator and the people in the dispute must maintain the confidentiality of the information disclosed during mediation.
  • Mediation is voluntary. Although a judge may order a case to proceed to mediation, the mediation may be terminated at any time by the people involved or by the mediator. Settlement is also entirely voluntary. If you cannot reach an agreement, you still have the right to take the dispute before a judge or jury.
Call Tim Woodard today at 423-736-9515
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WHAT TYPES OF DISPUTES CAN BE MEDIATED?

October 03, 2017

WHAT TYPES OF DISPUTES CAN BE MEDIATED?

  • Landlord and Tenant

  • Neighbor and Community

  • Business

  • Consumer

  • Employer and Employee

  • Divorce and Family

  • Juvenile

  • Negligence

  • Products Liability

  • Construction

  • Contracts

  • Personal and Real Property

  • Environmental

  • Other Civil Matters

    Call Mediator Tim Woodard today at 423-736-9515

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How Does Mediation Work?

October 03, 2017

HOW DOES MEDIATION WORK?


At the mediation session each person involved in the dispute presents a summary of his or her point of view. If you have an attorney, he or she may go with you to the mediation session if you want. The mediator will meet with everyone together and may also meet individually with each side. This offers participants the opportunity to communicate to the mediator their real interests in the dispute as well as to vent anger or frustrations outside the presence of the opposing side. The mediator will work with each person until an agreement is reached that is acceptable to everyone. The agreement is put in writing and signed by the people involved, with the advice of their attorneys.

 
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How Long Does Mediation Take?

October 03, 2017

HOW LONG DOES MEDIATION TAKE?


The time required for mediation varies. It depends on the complexity of the issues and the concerns of the people involved. It may be necessary to meet with the mediator more than once.

 
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The Law Career of Tim Woodard

September 20, 2017
Of course, everything began with Tim Woodard’s humble roots, when he was born in the gorgeous but very simple and poor Appalachian Mountains in East Tennessee. He has not only never forgotten where he came from, but he even returned when he felt his community needed his legal skills. Tim Woodard is now a highly knowledgeable and experienced attorney of some note, although he has a keen understanding of the importance of his blue collar work ethic, which infuses everything he does.

Over his years of extensive experience in the legal realm, Tim Woodard has done almost everything. Of course, he has tried many cases, but he also served as a judicial clerk for a time. If that’s not impressive enough, he also has negotiated many contracts. However, one thing that makes him unique comes from his extensive experience in the world of legal marketing. He also has been a ghost writer on many appellate court briefs, he has managed many portfolios and he has also gained valuable experience in the area of Human Resources from his time as a business owner and as a business manager for many of the area’s most successful business leaders.